That did not deter the Senate Commerce Committee, which approved the measure 6 to 0 after having trouble rounding up enough members to take a vote. The proposal would bring more hospitals under rate regulation by the Hospital Cost Containment Board, which would be renamed Health Care Cost Containment Board.

It also would give hospitals more leeway to raise prices before being required to justify their actions to the board.

Under the Senate proposal, which is similar to a House measure, the regulatory formula would be revised to include inflation with additional credits for indigent and senior citizen care. Hospitals claim they lose money on that care.

Ralph Glatfelter, lobbyist for the Florida League of Hospitals, said the average hospital would be allowed to raise rates 9.6 percent before needing board review. He said the range would run from about 8 percent to about 15 percent, depending on each hospital.

The American Association of Retired Persons pushed for a formula that would subject any hospital proposing increases exceeding 8.1 percent to board review. Sens. Pat Thomas, D-Quincy, and W.D. Childers, D-Pensacola, offered the association's proposal but withdrew when it became obvious it would not pass.

Thomas said they withdrew their proposal to keep it alive in floor debate. If the committee had killed the Childers-Thomas proposal, it could not have been considered on the floor under Senate rules.

Frank Giacalone, lobbyist for the Florida Consumer Federation, blasted the move. He said the Legislature should get rid of the board and answer to angry consumers next year. An angry Thomas charged that Giacalone was being irresponsible.

Hospital lobbyists see the formula approved by the Senate committee as the best deal they're going to get this year. Glatfelter said it would lead to rate savings next year of $175 million.

A legislator who negotiated the compromise formula with hospital lobbyists, Rep. Mike Abrams, D-North Miami Beach, said the retired persons association and other opponents were being shortsighted.

''What I'd like to submit to the AARP is that it's better than current law,'' Abrams said.